Dealing with HOAs

[Jay Bee]

Quick backdrop: Townhouse association; approximately 20 years old.. 180ish (??) units. It appears that upwards of 70-75% of the original AC units have been replaced. As that has occurred, there's a wide variation in brand, size and shape of the units. If you look at a few houses, it's obvious the units are way different in appearance.

I recently had my AC unit replaced. I just went with what was recommended by the company I used, and they placed the unit on a stand to keep it elevated off the ground. I think this is for efficiency purposes, both for wind and because there is a neighboring unit's AC a few feet from mine.

Now the HOA has demanded I take it off the stand and place on the ground pad "to comply with the others in the association". My concerns include (1) the cost of taking it off the stand and (2) ongoing costs due to reduced efficiency.

While I think there's a discussion if the only difference was that my unit is on a stand and others are not (due to dramatic different in appearance unit to unit), there is a larger issue.

In a particular of the association (20+ units), the majority of AC units are on a stand. So, I'm doing nothing new. Importantly, within this area where most are on stands, there are also AC units on ground pads and not on stands intertwined with the many on stands.

That said, I think it would be inappropriate to force me to get my unit off a stand, but not others. The circumstances of my units AC is not unique to the association.

Please let me know your thoughts on how I should next address. Tentative plan is to go to the next board meeting and ask why they are singling me out and treating me differently than others in the very same association. #pedantic

I guess the ask is for those who have experience/knowledge with HOAs.. isn't it a big issue if they start telling one person to do something, but not others?

[Jockey]

Quick backdrop: Townhouse association; approximately 20 years old.. 180ish (??) units. It appears that upwards of 70-75% of the original AC units have been replaced. As that has occurred, there's a wide variation in brand, size and shape of the units. If you look at a few houses, it's obvious the units are way different in appearance.

I recently had my AC unit replaced. I just went with what was recommended by the company I used, and they placed the unit on a stand to keep it elevated off the ground. I think this is for efficiency purposes, both for wind and because there is a neighboring unit's AC a few feet from mine.

Now the HOA has demanded I take it off the stand and place on the ground pad "to comply with the others in the association". My concerns include (1) the cost of taking it off the stand and (2) ongoing costs due to reduced efficiency.

While I think there's a discussion if the only difference was that my unit is on a stand and others are not (due to dramatic different in appearance unit to unit), there is a larger issue.

In a particular of the association (20+ units), the majority of AC units are on a stand. So, I'm doing nothing new. Importantly, within this area where most are on stands, there are also AC units on ground pads and not on stands intertwined with the many on stands.

That said, I think it would be inappropriate to force me to get my unit off a stand, but not others. The circumstances of my units AC is not unique to the association.

Please let me know your thoughts on how I should next address. Tentative plan is to go to the next board meeting and ask why they are singling me out and treating me differently than others in the very same association. #pedantic

I guess the ask is for those who have experience/knowledge with HOAs.. isn't it a big issue if they start telling one person to do something, but not others?

It's your personality. 

[WellsstreetWanderer]

It appears you are in compliance with what others have done. I would request a hearing to state the facts. Reasonable people should realize this and acquiesce. Good luck

[Mutaman]

Run for president of the HOA.

[21Jumpstreet]

Ask how they are handling the other units/stands/pads. Perhaps those people are being fined on a daily basis, and you can determine if it makes sense to change your set up.

I would remind them that you used the company they recommended, so perhaps take up the issue with the company and change installation requirements going forward.

I suppose they could put a lien on your property if there is a very specifically worded set of rules, but my guess is that it's a little gray, you're likely going to get some pushback, but, if you are one of many, I would guess until the bylaws are changed, it's probably a non-issue.

A quick point of note, my mom dealt with an overzealous HOA during the last two FL hurricanes, and found out that if legal action is taken, you will end up paying for that cost one way or another.

An interesting HOA issue for me in FL revolves around smoking. The board voted to ban smoking (our board is 5 people out of 36 owners), essentially three people banned smoking on the property, on balconies, in units. While I am currently in France and contemplating taking up smoking again like the entire city of St Remy de Provence, I generally prefer not to be around smoking anymore. However, I am not a fan of three people telling me I cannot smoke in my own unit. I have a dog there, better not come after my fluffy muppet and tell me I can't have him in my unit! The joys of community living.

[MU Fan in Connecticut]

Challenge them to a game of pickleball.  You win, you get to keep it as is.

[Skatastrophy]

I personally wouldn't request a meeting. I'd take pictures to catalog the other condensers on stands and send those in with the "I used your guys and they suggested the condenser install match these other units in our complex."

Then I would wait for them not to get back to me.

[dgies9156]

JB,

We had repeated problems with our old HOA in Florida. It's one of the reasons we are so happy we sold our then-home and bought a new one with a more sane HOA. I suspect you have three options:

1) Try to reason with them. In our communities, if you change exterior appearance, you have to seek HOA approval. Did you get any approvals? If so, you're in the clear. If the platform had been there before, or a semblance of the platform, then you are probably in good shape.

2) Offer to landscape the area around the platform with shrubbery. Kind of a middle ground but that may solve the problem. But make sure this is a requirement of all people who have A/C on platforms.

3) Retain legal counsel. This could get expensive, but there is nothing that scares HOAs more than having a take-no-prisoners lawyer fighting them. If everybody else is on a platform and you're not, he or she defending you will make mincemeat of them. Unless you have a really stupid HOA -- like our old one -- it should get resolved in about two minutes.

Thank God you're not a condo owner in Florida right now. Our state government has required that all condos over a certain unit count that are 30 years or more old have engineering studies and that identified deferred maintenance be fixed immediately. The special assessments to get this work down, most of which has been  maintenance deferred in the name of assessment efficiency, has been enormous.

[MU82]

I am currently in France and contemplating taking up smoking again like the entire city of St Remy de Provence

Not enough people are taking up smoking these days. Good for you! Many do not appreciate the importance of tar in one's diet.

Seriously, re the smoking issue ... we were looking at a few condos in Seattle and those that had smoking bans received preference. I get not wanting to be told that one can't smoke in their own place, but in a community, what happens in one's place can affect others. Smoke is a very strong toxin - can often be smelled through walls. And certainly, if one smokes on one's balcony, it can be smelled by numerous other owners. Any condo HOA that allows smoking, especially on balconies, is a deal-breaker for us.

[StillAWarrior]

Reasonable people should realize this and acquiesce.

Unfortunately, Jay Bee is dealing with an HOA.

[Shaka Shart]

Tell them you have a gun

[Mutaman]

Is anyone else sending Bee a bill?

[TSmith34, Inc.]

You live in a townhouse?

[rocky_warrior]

Easy solution:  Take it off the stand and put it on the ground pad

Hard solution:  Fight, then take it off the stand and put it on the ground pad

Best solution:  Put enough dirt around the stand to make it ground level!

I would remind them that you used the company they recommended, so perhaps take up the issue with the company and change installation requirements going forward.

Maybe he did, but that's not what he said.  He said he took the recommendation of the company he hired.  No idea if they are recommended by the HOA.

[The Sultan]

We have new HOA officers. They sent out an email asking about what is going right and what could be done better. My one complaint was that people need to pick up better after their dogs. They put up a couple signs, told people to pick up the dog sh*t, and the results have been noticeable.

So I currently love my action-oriented HOA.

[Jay Bee]

You live in a townhouse?

I've had multiple properties for the better part of 15 years (for personal living; have never rented out). Recently, I did a major downsize and sold a 4.2k+ sq ft crib and moved into the townhouse full time. It's been a relief (except for the HOA b.s.) to get rid of stuff and have only one place.

Got rid of most of my lawn / yard care stuff but fortunately still have leaf blowers. There are pickleball courts down the block from me, and as I arrived this morning the elders were concerned about some grass clippings on the courts after the park the courts are in was mowed yesterday. No problem - semi-retired Jay Bee to the rescue. Walked to my garage and came back with a blower. Bye bye, grass.

I'm not at all comfortable taking the AC unit off the stand by myself and need to check with the company that installed it to see what they'll do it for. If I have someone else do it, worried it may void some warranties. FML

[Shaka Shart]

Mount defensive turrets on your AC unit

[rocky_warrior]

Mount defensive turrets on your AC unit

https://www.paintcam.net/

[Shaka Shart]

Sounds like a porn site

[MU82]

Sounds like a porn site

Damn you ... I was just about to make a HOA pun!

[Hards Alumni]

You live in a townhouse?

Filled with previously used fleshlights!

[Shaka Shart]

Damn you ... I was just about to make a HOA pun!

https://youtu.be/uNthrErcp1c?si=7XPyEE_O0VINO-Ns